Category Archives: Supreme Court of India

BIG DAY FOR SUPREME COURT OF INDIA:: TODAY IT HAS BECOME THE MOST POWERFUL SUPREME COURT IN THE WORLD

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Today is 19th April,2012. Time is 7.00 AM. In next four hours, there is possibility that Supreme Court will take giant step and may become the finally, THE STRONGEST SUPREME COURT IN WORLD.

(AND YES. AT 10.30 AM Judgement is pronounced. And India’s Supreme Court has become the MOST POWERFUL SUPREME COURT IN THE WORLD)

Recap:

All Lawyers and judges in India are tense and anxious. They are praying. The Judgement may come this way or that way. I will be there at 10.30 to see the judgement.

What is the issue?

All Supreme Courts in all countries are envious of powers of Indian Supreme Court. 
Here Supreme Court itself selects who will next judge of High Court or Supreme Court. In all other countries, it is the Government which selects persons to be appointed as next judge of High Court or Supreme Court.

Today, there could be next milestone!

No Supreme Court in the world has power to ask Government how much fund should be allocated to Judiciary and for what purpose.
Courts have little say.
But what Courts will do if cases kept piling up across the country and the Government says that we do not have funds to set up new courts! (Though it may have lots of fund for foreign trips of Ministers.)

The Argument is that Court Can direct Government to set up and run more courts under Art.21.

Let us see what happens. If the Supreme Court accepts our arguments, it will be BIG DAY for People of India and Courts of India.

And if the judgement goes against us and in favour of Government, then?

Then, it will be Thursday for you, for me and for people of India.
Let us keep our fingers crossed and wait for judgement which may be pronounced today.
Haresh Raichura
19/4/2012

After 10.30 AM. After The Judgement is pronounced.

This has become the Great Thursday of Indian Judiciary.!

Prior to 1993

Government and Judiciary had equal say in Appointment of Judges in High Court and Supreme Court.

Government used to say to Judiciary, “You suggest FOUR good candidates. We will suggest you FOUR bad candidates. Together, by consensus, we will appoint 50% good and 50% bad judges!

After, 1993, Government lost its 50% share in say of appointment of HC and SC.

Now a collegium of five senior most Judges of Supreme Court have the Final Say in selection HC & SC Judges.

This is unique in the world.

Today, another issue is decided. No Supreme Court in the world has power to order government to give more funds to Judiciary and order it to set up more court.

Today, Supreme Court of India said, YES. We have the power and guts to order you to provide more more funds to judiciary and we can also ORDER you to set up more Courts. . Now this is the ORDER. Obey our order in THREE MONTHS.

SO?  Have you any doubts that India’s Supreme Court has become the Strongest Supreme Court among all the Supreme Courts in the world?

Haresh Raichura
20/04/2012

Name of Case Brij Mohan  Lal Versus Union of India, Judgement date 19/04/2012

Advice for Law Students Who Wants to Start Practice Directly In Supreme Court?

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This is actually a poem to advice law students who want to start practice directly in Supreme Court. This poem was composed by me. This poem is in form of a dialogue between two lama on how such a law student can obtain skills for arguing in Supreme Court.

In the mountain ofTibet
Younger Lama asked
a purely hypothetical question,

“Assume for a moment
That a fresh law graduate
Decides to start practice inSupreme Court!
He has no knowledge
Of Trial Court or High Courtpractice
He joins office of a SeniorAdvocate
Who hardly gets any time to teach
Now and then, Junior Advocate gets chance
To learn to ask for pass overs, keep backs andadjournments
Occasionally, he gets chance toargue and shine up
In a matter where there are no hopes
And he gets depressed by losing it
He sits in court and listens toother matters
But since he has no access to any casepaperbooks,
He is unable to understand
Context in which these argumentsare being made
He learns mainly by
Hanging around inSupreme Court!

Is there a better way by which he can learn?”
Younger Lama asked

———-

Since the question was purely hypothetical,
Elder Lama gave a hypothetical answer,

“Assume for a moment
That in Supreme Court,
There is a library of UpcomingAppeals
Which are coming up for final hearings
The junior advocate will go in thislibrary,
He will sign in a register,indicating
Upcoming appeal which he wants tostudy
Librarian will give him extra paperbook of this appeal
On condition that he will be freeto make pencil notes,

But he will not copy anything frompaper book,
Nor will he take paper book out ofthe library room.
The junior advocate will study thecase,
Will make his pencil notes and
Will return the paper book tolibrarian
He will then get an opportunity
To research on the upcoming case
And he will also get chance to listenand to see
How the case is actually argued incourt.
In this way he can learn faster.”
Elder Lama replied.



Haresh Raichura

Ps. In USSupreme Court, there may be such a library. Because, this description of library is found in novel “Pelican Brief”by John Grisham